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NY I85191




September 5, 2002

CLA-2-63:RR:NC:TA:351 I85191

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Mr. Brian Roberts
Certified Plant Shelters
234-3rd Avenue East
Prince Rupert, B.C.
Canada, V8J 1K5

RE: The tariff classification of “Freegro®” Plant Shelters, from Canada.

Dear Mr. Roberts:

In your letter dated July 23, 2002, you requested a tariff classification ruling. The manufacturer is FTW Welding & Fabricating Co., Ltd., Canada.

The instant sample, as described in your letter, consists of a Freegro Plant Shelter. It is composed of two basic components: a tubular textile fabric of man-made fiber (HDPE) construction that measures about 3 ½ feet in length and 6 ½ inches in its lay flat condition. The tube contains a metal ring at both ends which is configured to form two friction grip clips – one at each end, which will be attached to the wooden stake which is also provided. This stake will be hammered into the ground to anchor the plant shelter in place. These shelters will be made in various diameters and lengths and are designed to provide effective protection from potential animal damage.

The applicable subheading for the product will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles ...Other. The general rate of duty will be 7 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mitch Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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